A Full bench of the Hon’ble Supreme Court of India (SC), comprising of Mr. Chief Justice N.V. Ramana, Mr. Justice L. Nageswara Rao and Mr. Justice Surya Kant, in their final order dated 23.09.2021 in Re: Cognizance for Extension of Limitation (MA No. 665 of 2021 in SMW(C) No. 3 of 2020), directed for the exclusion of period from 15.03.2020 till 02.10.2021 in computing the period of limitation for any suit, appeal, application or proceeding; the balance period of limitation remaining as on 15.03.2021, if any, shall become available with effect from 03.10.2021.
Further, in cases where the limitation would have expired between 15.03.2020 and 02.10.2021, irrespective of the actual balance period of limitation remaining, all parties shall have a limitation period of 90 days available to them from 03.10.2021. In the event the actual balance period of limitation remaining, with effect from 03.10.2021, is greater than 90 days, that longer period shall apply.
The period from 15.03.2020 till 02.10.2021 shall also stand excluded in computing the periods prescribed under Sections 23(4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe limitation period for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.
